Domestic violence laws were introduced in Queensland to protect people who experience some form of domestic violence or family violence. This takes the form of a Domestic Violence Protection Order.
The solicitors at Hodgson Lawyers have decades of experience in domestic violence cases. Our team is easy to talk to and has a wealth of knowledge to draw from and guide you through your situation. If you are currently involved in a domestic violence situation and need legal advice, we highly recommend that you speak to a solicitor at our team. We will support you with honest legal advice, listen to you situation and guide you through to get you the best outcome.
We don’t want a financial barrier between you seeking advice and therefore, our initial consultation is free of charge. Please book your consultation here and lets get started with your situation.
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Areas We Can Help You With
Domestic Violence Protection Orders
Changing Domestic Violence Protection Orders
Temporary Domestic Violence Orders
Breaching & Criminal Charges
Understand Domestic Violence With Us
Domestic violence is defined as the following behaviour from a person you are in a relationship with:
- Physically or sexually abusive
- Emotionally or psychologically abusive
- Economically abusive
- Threatening towards you
- Extremely controlling or dominating and makes you fear for yours or a third party’s safety.
In 2011, the definition of Family Violence (Section 4AB) was set out in the Family Law Act 1975 and is defined as the following:
violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.
It also provides examples which are considered Family Violence. These include:
- Assault; or
- Sexual assault or sexually abusive behaviour;
- Repeated derogatory taunts;
- Intentionally damaging or destroying property;
- Intentionally causing death or injury to an animal;
- Unreasonably denying a family member the financial autonomy that he or she would otherwise have had; or
- Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or
- Preventing the family member from making or keeping connections with his or her family, friends or culture; or
- Unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.
Domestic violence is a serious legal matter and there are many situations you should seek legal advice. If you are experiencing any of the following, please seek legal advice:
- If you or your family are at risk of domestic violence (defined above)
- You want to work out a plan to escape the relationship safely
- Someone else has applied a domestic violence protection order against you
- You wish to apply a domestic violence protection order
- Police have contacted you in regards to domestic violence
- You wish to change an existing order
- you had to leave your home because of violence but your name is still on the lease
- you had an order interstate or overseas and want to register it in Queensland
- you have been asked to attend family dispute resolution but have concerns for your safety.
This may be done online or through the police or your lawyer. The magistrate will consider your application and decide if a protection order should be made.
Before they can be lodged with the Magistrates Court, the person making the application must sign the form witnessed by a Justice of the Peace, Commissioner for Declarations or a lawyer. If you do through the police or yourself, we suggest that you seek legal advice before applying it to the court. Applying for a Domestic Violence Protection Order, you must prove the following points
- It’s a relevant relationship to you
- A past act of domestic violence has occurred
- The order is desirable and needed.
If you are notified that someone has taken a Domestic Violence Protection Order against you or the police have contacted you about a protection notice, we advise that you do the following:
- Follow the order, read it carefully and don’t break it, even if you disagree with it.
- Seek legal advice before you agree or disagree with the order and go to court.
- Reach out to people around you for support during this time
We highly advise that you do not breach the Domestic Violence Protection Order, it is a criminal offence and you will face heavy penalties. Remember, if you follow the terms of the order you may not have a criminal record, but breaching the order is a criminal matter.
The final Domestic Violence Protection Order usually lasts for 5 years. After a temporary order can be made and will last until the next mention date or when an application is heard.
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